Housing & Tenant · Landlord Entry
Landlord Entry Notice in New York
How much warning a landlord must give before entering your home in New York, the hours entry is allowed, and what to do if they walk in unannounced, cited to the statute.
The rules and your rights in New York
The notice, the allowed hours, the reasons a landlord may enter, and what to do about an unlawful entry.
New York has no statute that sets how much notice a landlord must give before entering. That means your lease controls, and a city or county ordinance may add its own rule. Read your lease first, then check for a local ordinance where you live.
| Advance notice | No notice period set by state statute |
| Allowed entry hours | Reasonable times set by the lease. In New York City, HPD guidance limits code-required access to reasonable hours and does not require weekend or holiday access unless the tenant agrees. |
| Reasons a landlord may enter | A landlord may enter with reasonable prior notice and the tenant’s consent for routine or agreed repairs, agreed services, or as the lease allows. If a tenant unreasonably refuses, the landlord can ask a court to order entry. |
| Emergency entry | In an emergency such as a fire or water leak, the landlord may enter without consent or advance notice. In New York City, urgent repairs skip the written-notice step, but the owner must still reach you another way, such as a call, email, or a knock. |
| Local ordinance | New York City fills the gap the state leaves open. Under the Housing Maintenance Code (Admin. Code §27-2008) and 28 RCNY §25-101, an owner must give at least one week of written notice before non-emergency repairs or improvements and at least 24 hours before an inspection to check code compliance. Access runs at reasonable times, and a tenant does not have to allow it on Saturdays, Sundays, or legal holidays unless they agree. |
| If the landlord enters unlawfully | The covenant of quiet enjoyment protects your right to use the apartment without willful interference, and Real Property Law §235-b (warranty of habitability) backs your right to a safe, livable home that a landlord cannot ignore or abuse. Repeated unannounced entries can breach quiet enjoyment. Document each incident, raise it in writing, and if it continues you can seek relief in housing court or through the attorney general. |
| Statute | No state entry statute |
What you can do right now
Concrete, neutral steps if a landlord keeps entering your New York home without proper notice. This is legal information, not legal advice.
- Check your lease and any local rule
Read the access clause in your lease, since it sets the notice you are owed when the state stays silent. If you rent in New York City, the Housing Maintenance Code gives you added protection: one week of notice for repairs and 24 hours for inspections.
- Document every improper entry
Write down the date, time, who entered, and whether you got notice. Save texts, emails, and voicemails. A clear record is what turns a vague complaint into a provable pattern.
- Raise quiet enjoyment in writing
Send your landlord a dated letter or email stating that repeated entry without proper notice interferes with your quiet enjoyment, and ask for reasonable advance notice going forward. Keep a copy.
- Contact the attorney general or a tenant group
If entries continue, reach the New York Attorney General or a local tenant-rights organization for guidance, and consider filing in housing court.
If a landlord keeps entering without proper notice, you do not have to sort it out alone. This resource explains your rights and how to raise the issue.
→ New York Attorney General, Residential Tenants' Rights GuideThis is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change what applies to your home.
What New York renters get wrong
New York is one of the states that sets no statewide rule on how much notice a landlord must give before entering. There is no general statute fixing a number of hours, so the answer for most tenants lives in the lease and in local law rather than in a single line of the Real Property Law. Two protections still stand behind you. The covenant of quiet enjoyment guards your right to use your home without willful interference, and Real Property Law §235-b, the warranty of habitability, keeps a landlord on the hook for safe, livable conditions. New York City goes further than the state. Its Housing Maintenance Code and rules require an owner to give at least one week of written notice for non-emergency repairs and at least 24 hours before a code inspection, with emergencies excepted. Outside the city, read your lease closely, because it usually decides the notice you can expect.
Common questions
How much notice does a New York landlord have to give before entering?
The state sets no fixed notice period. Your lease controls, and courts expect reasonable advance notice outside emergencies. In New York City, the Housing Maintenance Code requires at least one week of notice for non-emergency repairs and 24 hours for inspections.
Can my landlord enter my New York apartment without permission?
Not for routine reasons. A landlord may enter with reasonable prior notice and your consent for agreed repairs, services, or as the lease allows. If you unreasonably refuse, the landlord can ask a court to order entry. In a genuine emergency, such as a fire or leak, no notice or consent is needed.
What can I do if my landlord keeps walking in unannounced?
Document each entry with dates, times, and any messages, then write to your landlord stating that the entries interfere with your quiet enjoyment and asking for advance notice. If it continues, you can seek relief in housing court or contact the New York Attorney General or a tenant-rights group.
Do the New York City rules apply to my apartment outside the city?
No. The one-week and 24-hour notice rules come from the New York City Housing Maintenance Code and its rules, so they apply only to covered New York City housing. Outside the city, your lease and any other local ordinance decide the notice you are owed.
Does the warranty of habitability affect landlord entry?
Indirectly. Real Property Law §235-b guarantees a safe, livable home and cannot be waived. It does not set an entry-notice period, but it means a landlord must actually make needed repairs, and abusive or repeated intrusions can also breach your covenant of quiet enjoyment.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.